Apple faces new suit over iPhone's touch-screen keyboard [updated]

A small Florida-based firm is suing iPhone maker Apple Inc, alleging that handset's new touch-screen keyboard interface infringes on patent claims dating back over 7 years.

After writing Apple in late February and receiving no response, SP Technologies, LLC on Thursday turned to a patent litigation-friendly federal court in Tyler, Texas, where it filed a formal complaint against electronics maker.

Specifically, the 4-page suit charges that Apple's iPhone keyboard interface treads on four claims outline in an August 4th, 2000 U.S. patent titled "Method and medium for readable keyboard display incapable of user termination."

The 7-year-old filing describes a "method of providing a user interface for receiving information from a user using a user immutable graphical keyboard linked to an input area, [...] invoking the graphical keyboard on a touch screen display to receive input from a user, and [...] maintaining the graphical keyboard on the touch screen display such that the user cannot move, resize, remove, or close the graphical keyboard through the user interface while the input area remains and requires input."

SP Technology argues that by selling and offering to sell its iPhone through Apple and AT&T stores located in the Texas district, Apple has and continues to commit acts of patent infringement.

"Apples advertisements, operating instructions and product descriptions direct users to purchase and use the iPhone as called for in the asserted claims," the firm wrote.

In return for Apple's "willful and deliberate" infringement, SP Technology is seeking damages adequate to compensate for the number of iPhones sold thus far, as well as a permanent injunction prohibiting the company from further infringement.

Although Apple has yet to formally respond to the suit, chief executive Steve Jobs in January confidently claimed to have patented nearly every aspect of his firm's iPhone interface through a series of more than 200 patent filings.

Update:InformationWeeknotes that Peter V. Boesen, the owner of the patent in question, is a surgeon who was recently sentenced to 51 months in federal penitentiary for defrauding the healthcare system.

"Civil court records show that Boesen, through SP Technologies, has filed a number of patent suits in the past, including claims against Canon, LG Electronics, and Kyocera."

In the case regarding the healthcare system, Boesen was ordered to repay the state and private insurers more than $900,000.

"Boesen is free pending an appeal," wrote InformationWeek. "No word on whether he is using an iPhone to text his lawyer."

Here we go again. Another lawsuit by a Florida company, SP technologies, contending an infringement of its 2004 patent. The company claims the patent describes a "method and medium for computer readable keyboard display incapable of user termination." Groan. It's being filed in--you guessed it--Tyler,Tx, the frivolous patent infringement capital of the US.

Between blatantly false rumors last week fueled by shoddy reporting on the part of the financial press, ,ensuing Bear raids by Hedge funds and frivolous lawsuits, AAPL is under siege by unethical groups seeking to capitalize on its success. It could use a healthy dose of good news this Tuesday. In this jittery market stoked by FUD masters (we even have at least one on this board), these incidents are insidious.

Hmmm, on screen touch keyboard?
Are they serious?
- these things have been around for as long as touch-screens have been in existance
- I've worked on quite a few products with these in them - if Apple wants to give me ring, maybe I can help them out!

Sometimes it seems to me all this little companies file generic patents just to have an asset to make money out of.

How did this company use the patent? In which products has it been implemented?
These are the questions that one has to answer.

I am in favour of protecting innovation, but sometimes this whole story just gets out of hands, at lately much more so.

The primary goal of such patents seems to be like fishing...
"Let us prepare a generic patent (a net) and wait and wait... Sooner or later (7 years) a big fish will be trapped".

This of course is just an opinion based on the article I did read. But it nevertheless seems to get more and more ridicuolous.

I agree with the person who posted his idea of a generic patent about food made of plants. I would like to patent "any metod of user input in a device, be it through a touch screen, a stylus, a keyboard, mouse, voice or any human gesture"...
So...

I didn't produce anything but I will be able to sue everyone around and get "right compensation".
Patenting is not a way to make money in itself, it is just a way to protect one's research and development. But far too many "fishers" depend on these nets to get their paycheck (including lawyers).

Even if this company turns out to be right, too much time, legal resources and taxpayers money end up in useless court debates. My opinion of course...

It's always seemed strange to me that a case can be taken to a court in a completely unrelated state. I would have thought it would make sense for a Florida based company to have to file the suit in Florida. But then again, I have absolutely no knowledge of American or patent law.

Sometimes it seems to me all this little companies file generic patents just to have an asset to make money out of.

How did this company use the patent? In which products has it been implemented?
These are the questions that one has to answer.

I'm pretty certain the Supreme Court has tried to nip this problem in the bud. A company has to show that it's current operations are at risk by the alleged patent violation. Or something like that. This way, you can't just have a shell company that holds unimplemented patents for the purposes of suing every large company in sight.

Even if my recollection is close to accurate, this won't stop such a company from filing the suit, especially in districts where judges are more friendly to hearing these shell companies out. Apparently, Tyler, Texas, whose other claim to fame is an Anheiser Busch plant, is such a friendly environment.

I'm not too worried about Apple. They must have the best lawyers in the world.

Okay, so in checking out the patent, it seems like the big idea for their technology is having an on-screen keyboard that can't be changed in any way. The iPhone keyboard is static when activated, but the buttons change when you tap on the shift key or the "123" key. It also disappears when you move to a function that does not require text input. It hides, shows, and adjusts itself depending on what you're doing. This is exactly what this silly company's patent is purporting to avoid!